[BC] Pirates...Aaarghh!

[Ron Castro]

Dana...you didn't read the law.  Read it again, word for word and you'll see 
that Part 15 is exempted by the language unless it interferes with a 
licensed "public or commercial radio station".  That exempts 802.11x, CB, 
RFID, garage door openers, etc., assuming they are operating legally.

(1)  A person may not:

(a)  Make, or cause to be made, a radio transmission in this state
unless the person obtains a license or an exemption from licensure from
the Federal Communications Commission under 47 U.S.C. s. 301, or other
applicable federal law or regulation; or

(b)  Do any act, whether direct or indirect, to cause an unlicensed
radio transmission to, or interference with, a public or commercial
radio station licensed by the Federal Communications Commission or to
enable the radio transmission or interference to occur.

(2)  A person who violates this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


Ron Castro
Chief Technical Officer
Results Radio, LLC


----- Original Message ----- 
From: "DANA PUOPOLO" <dpuopolo at usa.net>
To: "Broadcast Radio Mailing List" <broadcast at radiolists.net>
Sent: Wednesday, July 06, 2005 9:55 AM
Subject: Re: [BC] Pirates...Aaarghh!


> The Florida law specifically states that ANY RF emitter MUST be licensed. 
> This
> law is more draconian then even the federal (FCC) rules and laws, which 
> ALLOW
> for part 15 unlicensed operation. The Florida law contains no such 
> exemption.
> Besides, this is the first step of a VERY slippery slope! How long until
> Florida themselves require a "license" (with a fee of course) for the use 
> of a
> transmitter within its borders?
>
> -D
>
>
> ------ Original Message ------
> Received: Wed, 06 Jul 2005 08:37:00 AM PDT
> From: "Phil Alexander" <dynotherm at earthlink.net>
> To: Broadcast Radio Mailing List <broadcast at radiolists.net>
> Subject: Re: [BC] Pirates...Aaarghh!
>
> On 6 Jul 2005 at 5:41, DANA PUOPOLO wrote:
>
>> Hmmm...
>>
>> This law makes class D CB Radio, FRS radios, cordless telephones, 
>> wireless
>> microphones and even WIFI a crime within the state of Florida! Indeed, 
>> ANY
>> part 15 operation can get you charged with a felony. A local oscillator 
>> in
> a
>> receiver cound even get you busted, in theory.
>>
>> A perfect example of uninformed MORONS sticking their nose where it has 
>> no
>> right to be!
>
> Dana,
>
> Perhaps it's not as black as you appear to imagine. Consider that Part 15
> and other unlicensed services can be construed to have a blanket exemption
> from licensure. Since LO's spread spectrum, WIFI and part 15 devices all
> fall into this category, misguided enforcement attempts seem unlikely.
>
> It does cast a very wide net for illegal operations such as unlicensed
> CB's, and perhaps some model R/C gear where the requirement for license
> is ignored more often than not.
>
> IMHO the real mistake is throwing all violators into the same pot.
> An unlicensed model R/C transmitter operated by a middle school kid
> would seem a little less harmful to society than someone jamming
> public safety transmission during commission of a bank robbery, or
> a broadcast pirate. Looks to me like they should have differentiated
> more than one class of offense under this law.
>
>
> Phil Alexander, CSRE, AMD
> Broadcast Engineering Services and Technology
> (a Div. of Advanced Parts Corporation)
> Ph. (317) 335-2065   FAX (317) 335-9037
>
>
>
>
>
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